S.Jothi, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.8430 to 8437 of 2016 S.Jothi
...Petitioner in W.P.8430 of 2016
S.Suguna
...Petitioner in W.P.8431 of 2016
J.Deepa
...Petitioner in W.P.8432 of 2016
C.Pushparani
...Petitioner in W.P.8433 of 2016
V.Usharani
...Petitioner in W.P.8434 of 2016
S.Jeyasutha
...Petitioner in W.P.8435 of 2016
N.Manjula
...Petitioner in W.P.8436 of 2016
T.Selvasekar
...Petitioner in W.P.8437 of 2016
-Vs1. The Government of Tamil Nadu rep.by its Secretary to Government School Education Department Secretariat Chennai 600 009
2. The Director of Elementary Education College Road Chennai 600 006
3. The Teachers Recruitment Board College Road Chennai 600 006 ... Respondents 1 to 3 in all the W.Ps
4. The Chief Educational Officer Vellore District, Vellore ... Respondent No.4 in W.Ps.8430 to
5. The Chief Educational Officer Villupuram District Villupuram ... Respondent No.4 in W.P.8435 of 2016
6. The Chief Educational Officer Krishnagiri District Krishnagiri ... Respondent No.4 in W.Ps.8436 & 8437 of 2016
Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents herein to select and appoint the petitioners for the appointment of Secondary Grade Teachers as per the certificate verification conducted on 05.06.2009 and 07.10.2009. For Petitioners :
Mr.J.Selvarajan For Respondents :
Mr.S.Gunasekaran Additional Government Pleader
ORDER
These eight writ petitions have been filed by the petitioners so belatedly seeking a common prayer of a writ of mandamus, directing the respondents to select and appoint the petitioners in the post of Secondary Grade Teacher, as per the certificate verification conducted on 5.6.2009 and 7.10.2009.
2. According to the petitioners, the third respondentTeachers Recruitment Board, Chennai called for the certificate verification for appointment to the post of Secondary Grade Teacher for the academic year 2008-2009 through direct recruitment by the proceedings dated 14.5.2009 for filling up of 5773 vacancies and the employment exchanges were also directed to sponsor the candidates on the basis of 1:5 ratio by fixing the cut-off date for all the eligible and priority candidates on 25.11.2008. Subsequently, the certificate verification was also held on 4.6.2009, in which the petitioners have also participated with all the original certificates.
However, during such certificate verification, the petitioners could not produce the evaluation certificate of the Diploma in Teacher Education acquired from the State of Karnataka, as a result the third respondent also declared the petitioners as ineligible candidates to be considered for appointment as Secondary Grade Teachers. The learned counsel further submitted that the petitioners also received the proceedings dated 6.10.2009, 3.7.2009, 24.6.2009 etc., issued by the Director of Teacher Education Research and Training, Chennai showing that the certificates of the petitioners were evaluated as equivalent to the Secondary Grade Teacher Training Certificate issued by the Government of Tamil Nadu.
In spite of the same, even in the subsequent certificate verification, the petitioners have not been considered as eligible candidates for the post. Hence, they should be considered, he pleaded.
3. At the outset, if the above averments are to be accepted, this Court is of the view that the petitioners should have worked out their remedy then and there before loss of time. Now
all the 5773 vacancies called for in the notification dated 14.5.2009 had been filled up. Therefore, the petitioners cannot seek any relief now, more particularly a direction to appoint them in the post of Secondary Grade Teacher, for the reason that subsequently much water has flown down by issuance of the G.O.Ms.No.181, School Education (C2) Department dated 25.11.2011 making a pass in the Teacher Eligibility Test as mandatory, which they do not possess now. Therefore, the writ petitions, being bereft of any merit, are liable to be dismissed. Accordingly, the writ petitions are dismissed. Consequently, W.M.P.Nos.7476 to 7483 of 2016 are also dismissed. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ss To
1. The Secretary to Government School Education Department Secretariat Chennai 600 009
2. The Director of Elementary Education College Road Chennai 600 006
3. The Member Secretary Teachers Recruitment Board College Road Chennai 600 006
4. The Chief Educational Officer Vellore District, Vellore
5. The Chief Educational Officer Villupuram District, Villupuram
6. The Chief Educational Officer Krishnagiri District, Krishnagiri +1cc to the Government Pleader, S.R.No.14635 W.P.Nos.8430 to 8437 of 2016 KK(CO) CA(22/03/2016)